What is a Demurrer (or Motion to Dismiss) for Failure to State a Claim?
One of the first obstacles a plaintiff (i.e., the party filing the lawsuit) encounters at the beginning of a lawsuit is a motion to dismiss...
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Government & Organizations
The Legal Seagull: Law | Litigation | Self-Help | Legal History
Whether you’re a lawyer, a law student, or have no legal background whatsoever, join us as we dive deep into the American legal system to help you protect your legal rights, your money, and...
Episodes
20 of 55 episodes
Affidavit vs. Declaration: What's the Difference Anyway?
The terms "affidavit" and "declaration" are often used interchangeably . . . but there are slight differences between the two. In this short...
5 Things You Can Do to Protect Your Assets Before You're Sued
If someone sues you and obtains a judgment, he/she can pursue your personal assets to satisfy the judgment. This may include your savings, s...
Essential Tips for Writing a Persuasive Motion
In this episode, I discuss how to write a clear and persuasive motion, using many of the lessons and techniques learned in almost a decade o...
Should You Represent Yourself in Court?
Deciding whether to represent yourself in court is an important decision that should not be made lightly. That being said, with some excepti...
Can You Represent Yourself in Court?
Each year, millions of Americans find themselves involved in a lawsuit or a legal dispute with the significant possibility of an imminent la...
Revenge Porn Law: Rob Kardashian, Blac Chyna, and Nonconsensual Pornography
On July 5, 2017, Rob Kardashian, of the famous Kardashian TV family, uploaded multiple nude photographs of his ex-fiancee, rapper Blac Chyna...
Objection to Leading Question? Try Rephrasing
A leading question is one that suggests the answer sought by the examiner.* For example: "You met with Mr. Williams the evening of July 25th...
Does Law School Prepare You To Be A Lawyer?
After three years of challenging legal education, incoming attorneys graduate from law school eager to take on the challenges of the profess...
Tough Glove: The O.J. Simpson Fiasco
On June 12, 1994, the bodies of O.J. Simpson's ex-wife, Nicole Brown, and her friend Ron Goldman, were found outside Brown's condominium in...
Oh No! My Dog Bit Someone: Dog Bite Lawsuits
If your dog bit someone, do not panic. One of the first things you should do is educate yourself about your potential liability to the perso...
Protecting the President: The Secret Service
Few agencies are more shrouded in mystery than the United States Secret Service. It even has the word "secret" right in its name! In this ep...
Unhappiness and Depression Among Lawyers: An Epidemic
According to the Dave Nee Foundation , which promotes awareness of depression among lawyers, "lawyers are 3.6 times more likely to suffer fr...
Net Neutrality: What is it, What is its Future, and Why Should You Care?
With the recent appointment of Ajit Pai to chair the Federal Communications Commission (FCC), the current regulatory regime of net neutralit...
The Worst Supreme Court Decision Ever: Dred Scott v. Sandford (1857)
Dred Scott v. Sandford (1857) is widely considered to be the worst decision ever issued by the United States Supreme Court. Dred Scott, a sl...
Waivers and Releases of Liability: Those Things We Sign But Rarely Read
In one form or another, you're exposed to waivers of liability almost every day. Ever wonder what exactly you're giving up with these contra...
Do I Need a Prenup? Marriage and Money
A prenuptial agreement ("prenup") is a contract between two people, signed before marriage, detailing how assets and liabilities will be div...
If You Die Tomorrow: Do You Need a Will?
If you died tomorrow without a will, who would inherit your assets? Who would be your children's guardian? What would happen to your remains...
Defenses to DUI / DWI Cases: Drunk Driving, Drugs, and the Law
Driving under the influence of alcohol or drugs (DUI) is illegal in all 50 states. Some states refer to this as driving while impaired or dr...
OBJECTION! A Guide to Courtroom Objections
In large part due to Hollywood's sensational portrayal of courtroom dramas, most people have a very distorted understanding of how courtroom...